Montana Jury Instruction - Insanity
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FAQ
The four states that do not recognize the insanity defense are Montana, Utah, Kansas, and Idaho.
California Penal Code Section 25 provides for what is commonly known as the ?insanity defense.? Studies show that the insanity defense is used very rarely ? in less than 1% of all felony cases in the United States, and even when it is used, it is seldom successful.
Six states essentially abolish the insanity defense: Idaho, Kansas, Montana, Nevada, North Dakota, and Utah.
Montana law allows a police officer to temporarily detain any person who appears to have a mental disorder which appears to cause the person to be an imminent danger to himself or herself or to others.
In Montana there is no insanity defense but evidence of insanity is admissible to prove that the defendant did not have the state of mind which is a necessary element of the charged offense.